Uncategorized Archives - Douglas Mills & Chapman Tue, 07 May 2024 10:26:36 +0000 en-US hourly 1 https://wordpress.org/?v=6.8.1 https://www.axesslaw.com/wp-content/uploads/2024/08/180x178-150x150.png Uncategorized Archives - Douglas Mills & Chapman 32 32 Replacing Pen and Paper Signatures with Virtual Signing https://www.axesslaw.com/replacing-pen-and-paper-signatures-with-virtual-signing/ https://www.axesslaw.com/replacing-pen-and-paper-signatures-with-virtual-signing/#respond Wed, 27 Mar 2024 09:29:13 +0000 https://www.axesslaw.com/?p=4032 Virtual signatures, also known as “e-signatures” are an alternative to signing documents by hand. In the real estate industry, those documents might include things like an agreement of purchase and sale or mortgage documents. Instead of going into an office and meeting with your lawyer to sign the necessary documentation, you can review and sign […]

The post Replacing Pen and Paper Signatures with Virtual Signing appeared first on Douglas Mills & Chapman.

]]>
Virtual signatures, also known as “e-signatures” are an alternative to signing documents by hand. In the real estate industry, those documents might include things like an agreement of purchase and sale or mortgage documents. Instead of going into an office and meeting with your lawyer to sign the necessary documentation, you can review and sign a contract sent to you in just a few clicks by leveraging a secure, e-signature platform.

With Douglas Mills & Chapman, you can sign your closing documents electronically. That means no more administrative headaches and time wasted trying to coordinate schedules and set-up in-person meetings to go over your documents.

On the other hand, we also offer a nation-wide mobile signing network for those who prefer to sign their documents with someone by their side. We conduct in-person signings in any region across all of Ontario, Alberta, and British Columbia – underscoring our commitment to client convenience and satisfaction. Our goal is to empower our clients by bringing legal expertise directly to their doorsteps, unlocking convenience and accessibility in legal services. 

The post Replacing Pen and Paper Signatures with Virtual Signing appeared first on Douglas Mills & Chapman.

]]>
https://www.axesslaw.com/replacing-pen-and-paper-signatures-with-virtual-signing/feed/ 0
Zillow Taps into AI for an Immersive Home Listing Experience https://www.axesslaw.com/zillow-taps-into-ai-for-an-immersive-home-listing-experience/ https://www.axesslaw.com/zillow-taps-into-ai-for-an-immersive-home-listing-experience/#respond Mon, 25 Mar 2024 09:26:20 +0000 https://www.axesslaw.com/?p=4029 AI is back and better than ever! Zillow, a real estate technology company based in Seattle, is utilizing artificial intelligence to create captivating listings that stand out and accelerate home sales. One of their latest offerings, known as “Listing Showcase,” relies on advanced photography features and interactive floor plans to enhance the online viewing experience […]

The post Zillow Taps into AI for an Immersive Home Listing Experience appeared first on Douglas Mills & Chapman.

]]>
AI is back and better than ever! Zillow, a real estate technology company based in Seattle, is utilizing artificial intelligence to create captivating listings that stand out and accelerate home sales. One of their latest offerings, known as “Listing Showcase,” relies on advanced photography features and interactive floor plans to enhance the online viewing experience of home listings.

The Listing Showcase includes immersive interactive floor plans where buyers can fully comprehend the layout of a home, media grouping where photos and videos are purposefully and strategically organized by room, simplifying navigation for potential viewers, and so much more. Zillow is getting ready to make even more AI-driven features available in the coming months.

Since its initial launch last summer, data has shown that Listing Showcase homes are selling faster than similar nearby non-Showcase listing homes. According to Zillow, on average, these listings are getting 68% more page views, 66% more saves and 63% more shares than similar non-Showcase listings. By downloading the app on Apple Vision Pro, viewers can get a completely VR, immersive experience checking out a new home.

Head to https://showingtimeplus.com/ to learn more.

The post Zillow Taps into AI for an Immersive Home Listing Experience appeared first on Douglas Mills & Chapman.

]]>
https://www.axesslaw.com/zillow-taps-into-ai-for-an-immersive-home-listing-experience/feed/ 0
Securing Your Property: Why Douglas Mills & Chapman Advocates for Title Insurance https://www.axesslaw.com/securing-your-property-why-axess-law-advocates-for-title-insurance/ https://www.axesslaw.com/securing-your-property-why-axess-law-advocates-for-title-insurance/#respond Sat, 03 Feb 2024 22:12:18 +0000 https://www.axesslaw.com/?p=4054 Buying everyday items typically involves a straightforward process: you pay for what you want and take it with you. However, acquiring real estate is a more complex affair. You pay the asking price, but the property remains in its location. What you do receive is a legal document, known as a title, that validates your […]

The post Securing Your Property: Why Douglas Mills & Chapman Advocates for Title Insurance appeared first on Douglas Mills & Chapman.

]]>

Buying everyday items typically involves a straightforward process: you pay for what you want and take it with you. However, acquiring real estate is a more complex affair. You pay the asking price, but the property remains in its location. What you do receive is a legal document, known as a title, that validates your ownership. This is where we, at Douglas Mills & Chapman, come in—by strongly recommending title insurance to fortify the security of your title.

Before you take ownership, a property may have had several previous owners, potentially leading to a host of issues that could compromise your title, either now or in the future. As your trusted legal partners, it’s our duty to shield your property interests, which is why we emphasize the importance of title insurance.

But title insurance does more than just affirm your legal ownership; it offers a safety net against a wide range of other potential problems. These can include unsettled municipal violations, lingering work orders, unpaid taxes, encroachments onto the property, and even fraudulent activities or forgeries. If your ownership rights ever come under legal challenge, title insurance will cover the costs of defending those rights and reimburse you for any losses incurred.

Many people believe that the title insurance their lender holds is sufficient protection, but this isn’t the case. To fully secure your investment, a homeowner-specific policy is essential. One of the advantages of title insurance is that it’s available for a modest, one-time fee, without the need for ongoing payments or renewals. Whether you’re a new homeowner or have owned your property for an extended period, there’s a title insurance policy tailored to your situation.

This coverage lasts for the duration of your ownership, offering long-term peace of mind. To learn how you can safeguard your most significant asset with title insurance, consult with us at Douglas Mills & Chapman.

The post Securing Your Property: Why Douglas Mills & Chapman Advocates for Title Insurance appeared first on Douglas Mills & Chapman.

]]>
https://www.axesslaw.com/securing-your-property-why-axess-law-advocates-for-title-insurance/feed/ 0
Harnessing ChatGPT’s Powers https://www.axesslaw.com/harnessing-chatgpts-powers-2/ https://www.axesslaw.com/harnessing-chatgpts-powers-2/#respond Wed, 27 Sep 2023 22:02:29 +0000 https://www.axesslaw.com/?p=4040 With all of the hype around ChatGPT, we thought we’d share just a few ways you can be leveraging ChatGPT and other AI tools to boost your real estate marketing. Create an e-marketing campaign. Let’s be honest, we all know how important email campaigns are to nurture leads and existing clients, but making them ourselves […]

The post Harnessing ChatGPT’s Powers appeared first on Douglas Mills & Chapman.

]]>
With all of the hype around ChatGPT, we thought we’d share just a few ways you can be leveraging ChatGPT and other AI tools to boost your real estate marketing.

Create an e-marketing campaign. Let’s be honest, we all know how important email campaigns are to nurture leads and existing clients, but making them ourselves can be incredibly time consuming. Thankfully, AI is probably a better “writer” than a lot of us and can generate a series of emails for you to use in just seconds.

Generate surveys. ChatGPT can create surveys and questionnaires to help you gather insights from your clients. If you’re looking to get feedback from your clients to understand their preferences and perceptions, or even conduct basic market research, you can leverage AI to create easy surveys for you to send out.

Write better listing descriptions. Don’t love writing descriptions for your listings? Ask ChatGPT to do it for you. Describe your listing in as much detail as possible (home type, size, price, etc.) and watch ChatGPT do its magic. Of course, remember to verify the description (AI isn’t error-free) and revise it as needed, but there’s no reason you should be writing these from scratch.

The post Harnessing ChatGPT’s Powers appeared first on Douglas Mills & Chapman.

]]>
https://www.axesslaw.com/harnessing-chatgpts-powers-2/feed/ 0
Include Your Alma Mater in Your Estate Plan https://www.axesslaw.com/include-your-alma-mater-in-your-estate-plan/ https://www.axesslaw.com/include-your-alma-mater-in-your-estate-plan/#respond Wed, 13 Apr 2022 06:56:27 +0000 https://www.axesslaw.com/business-law/include-your-alma-mater-in-your-estate-plan/ Give back to your college or university when you leave your alma mater in your estate plan. Last Will and testament documents are the right place to remember an alma mater that made an impact on your life or career. The temptation can be great to sign donor cards when they arrive in the mail. […]

The post Include Your Alma Mater in Your Estate Plan appeared first on Douglas Mills & Chapman.

]]>
Give back to your college or university when you leave your alma mater in your estate plan.

Last Will and testament documents are the right place to remember an alma mater that made an impact on your life or career.

The temptation can be great to sign donor cards when they arrive in the mail. But do you truly understand the legal pros and cons of recognizing your alma mater in your estate plan?

Douglas Mills & Chapman can draft a Will that names your alma mater or prepare a new one if your old Will omits a college or university you want to gift.

When is a Will really your last?

Planning for your estate plan

How to Donate to Your Alma Mater in Your Estate Plan

You can donate money or investments to an alma mater or even create a scholarship or graduate research fund in your name. If your college days bring back fond memories, consider:

1. Leaving a cash amount.

Talk to a gift planner or donor relations officer with your alma mater if you want to leave a cash bequest.

2. Specifying a source of your donation.

Instead of cash, specify a bank account you want your donation to come from. Setting a limit, such as $5,000, directs your executor on how much to grant your alma mater in your estate plan.

3. Gifting property or collectibles.

Collectibles like valuable art or rare books amassed over a lifetime can be welcome. Check with your alma mater before leaving collections or real property that may be difficult to auction or sell.

4. Assigning a percentage of your estate proceeds.

Giving a percentage of your entire estate can be well meaning, but expose your assets to unexpected scrutiny. Before you invite your alma mater to request your financial statements from your executor, as they can, we suggest selecting another option.

5. Contributing investments.

Investments keep giving when interest rates are favourable but can drop in value if markets decline. Nevertheless, stocks, bonds, mutual funds or treasury bills can have a prominent place in recognizing an alma mater in an estate plan.

6. Naming your alma mater a life insurance beneficiary.

Bypass probate by leaving or reassigning an existing life insurance policy to a college or university. Simply name your alma mater as your beneficiary. They reap the benefits of your careful estate planning. You get the gratification of knowing you have left behind a meaningful endowment to your alma mater in your estate plan.

Why You Need a Wills Lawyer

Handwritten or holographic Wills can be heartfelt, but may not meet legal standards for Wills in Ontario. You put time and energy into making your Will. Now make sure it will stand up in court after you are gone.

Douglas Mills & Chapman ensures when you make Wills in Ontario that they are properly signed and witnessed. We can keep the original in our Will storage for a modest, one-time fee.

What to expect when you make a professional Will.

Wills can be contested in court by beneficiaries who disagree with how you organized your bequests or who you appointed as your personal representative to distribute your estate.

Having a handwritten Will exposes you to having your wishes potentially overturned for the slightest of reasons. You may save a few dollars doing it yourself. But why bother when it costs so little to have a Will drafted by a licensed professional?

Why hiring a lawyer to draft your Will is worth it.

Douglas Mills & Chapman witnesses and signs your Will in front of you and advises you on storing it securely. You can make multiple Wills in Ontario and gift any beneficiary of your choice, as long as you ensure financially dependant kin are cared for. Our Wills and estates lawyers review your Will to prevent unclear language that could cause just such problems for your estate.

Make a legal Will Ontario probate court will uphold.

Marriage, separation or divorce complicating your estate affairs? Douglas Mills & Chapman’s Ontario lawyers write new Wills instead of making amendments or codicils that may confuse estate trustees after you are gone.

Writing your last will and testament

Affordable Wills for Singles or Couples

Douglas Mills & Chapmanyers can draft individual or mirror Wills for you and your spouse. Our affordable flat fee legal services include a basic Will. Or write your Wills at the same time and save with our couples’ packages.

Will options for singles and couples.

Mirror Wills duplicate provisions in couples’ Wills, while giving both of you the freedom to make individual bequests that have personal meaning for you. Your basic Will starts at $199.99 and up plus HST. Couples pay $149.99 and up plus HST each to make mirror or individual Wills in the same appointment.

Power of attorney for property (finances) and personal care added at the same time are an inexpensive option. Douglas Mills & Chapman’s fees start at $249.99 each plus HST for a virtual Will and two power of attorney appointments or $299.99 each plus HST for in-person Wills.

Draft new Wills and powers of attorney.

Locate Wills Lawyers Near Me

Arrange day or evening appointments at Ottawa or Greater Toronto Area law offices near you. Douglas Mills & Chapman Wills and estate lawyers are available 7 days a week, whenever it’s convenient for you.

Meet in person with Wills and estate lawyers to draft a new Will when yours is outdated or you acquire substantial new assets. Changed spouses or careers lately? Your Will deserves a refresh to protect your family and financial interests.

Why we make new Wills instead of a codicil.

Can’t make it into an office? We go to you, via secure, confidential video conferencing software. Our remote Wills lawyers make putting your final wishes in writing as painless as possible. Drop by our offices to sign at your leisure. We send you a copy you can distribute to estate trustees and trusted loved ones.

Using a virtual notary.

Check your schedules

Make Online or Phone Appointments

Make virtual video calls from anywhere in Ontario or book in person appointments at any of our Douglas Mills & Chapman locations. Our online booking form lets you pick times and days that work for you. Call our 647-479-0118 lawyer line to find a lawyer for Wills near you or toll free to 877-402-4277. We’re located near major transit stops and have onsite parking for your convenience.

The post Include Your Alma Mater in Your Estate Plan appeared first on Douglas Mills & Chapman.

]]>
https://www.axesslaw.com/include-your-alma-mater-in-your-estate-plan/feed/ 0
Can Executor Compensation be Denied? https://www.axesslaw.com/can-executor-compensation-be-denied/ https://www.axesslaw.com/can-executor-compensation-be-denied/#respond Wed, 13 Apr 2022 06:14:32 +0000 https://www.axesslaw.com/business-law/can-executor-compensation-be-denied/ Estate executors who mishandle money have been served notice by Ontario’s courts — executor fees can be denied. Your estate may not have to compensate executor fees at all if your estate trustee or personal representative: takes too long administering the estate invests estate assets poorly or not at all steals assets withholds information from […]

The post Can Executor Compensation be Denied? appeared first on Douglas Mills & Chapman.

]]>
Estate executors who mishandle money have been served notice by Ontario’s courts — executor fees can be denied.

Your estate may not have to compensate executor fees at all if your estate trustee or personal representative:

  • takes too long administering the estate
  • invests estate assets poorly or not at all
  • steals assets
  • withholds information from beneficiaries
  • acts in way that is a conflict of interest to their duties
  • or is incompetent.

Your executor could even be forced to compensate your estate, if bad decisions or mistakes affect its value.

What is probate anyway?

Calculating property fees

How Executor Fees Are Decided

Generally, Ontario executor fees are calculated as:

  • 2.5% of the value of capital assets collected and distributed, such as by selling a home to increase an estate’s value
  • 2.5% of income collected and disbursed to beneficiaries, such as from cash or stocks and bonds
  • plus 0.4% per annum to care for and maintain the estate.

Multiple estate trustees can share executor fees or the court can redistribute the fees if a single executor fails to assist your other trustees. Judges may reduce or increase the fee based on your executors’ skill, time and effort, how complex your estate is and directions in your Will.

Your Will may leave a more generous fee if you like, as long as your personal representative satisfies the court they deserve it.

When is Compensation Reasonable?

All said and done, executor fees must have a “reasonable relationship” to an estate trustee’s efforts and responsibilities. Lawyers, family and friends are among those denied compensation by Ontario courts for gross misconduct or not performing their executor duties.

For instance, an Ontario man who took $244,000 from his elderly mother’s accounts and estate was forced to repay the money, with interest, after suggesting his sister’s share was just $29,704. Sadly, his mother’s Will divided the estate equally between the siblings. Not informing the bank of her death for a year and misrepresenting her Will were just the tip of his legal misdeeds.

What is Considered Unreasonable?

Ontario courts may consider executor fees unreasonable if your estate trustee is guilty of:

  • robbing the accounts
  • treating assets as their own
  • converting agreements for their own benefit
  • refusing to give beneficiaries a proper record of decisions
  • or acting as if estate affairs are “none of the court’s business.”

All have resulted in zero compensation being awarded.

Why You Need a Lawyer

Douglas Mills & Chapman’s probate lawyers help rid estates of executors engaged in misconduct or not taking steps needed to disburse assets in a fair or timely way. You can:

Object to an Executor’s Appointment
Beneficiaries may try to block an estate trustee’s appointment, even if the Will explicitly names a personal representative. Our licensed legal professionals can refer your executor or beneficiaries to our trusted legal partners if a dispute arises.

Who to appoint estate trustee.

Have a Court Review Estate Finances

Executors who already have a certificate of appointment can be forced to provide an Ontario probate court with a financial accounting of their actions (called “passing the accounts”). Our trusted legal partners can help with filing a notice to pass the accounts to a court for review.

Challenge the Accounts

Anyone with a financial interest in an estate can disagree with the accounts. Douglas Mills & Chapman’s legal partners can draft a notice of objection for beneficiaries or others who want to challenge an executor’s management of estate assets.

Review the financials when you question an executor’s decisions.

Securing a deal with a lawyer

Appoint a Substitute or Alternate Executor

Potential executor problems may be stopped before they start by appointing multiple or substitute estate trustees in your Will. Having more than one executor delegates essential tasks that can be time consuming or burdensome to perform — and ensures your beneficiaries have an extra set of eyes on what is going on.

Hire a lawyer to draft a professional Will in Ontario.

Ask Douglas Mills & Chapman if you want to appoint alternate executors. We write new Wills that give estate trustees the option of withdrawing without feeling they let you down.

Executor of Estate, What Now?

If you’re new to administering an estate, Douglas Mills & Chapman files a certificate of appointment of estate trustee with a Will to allow you to act on the deceased’s behalf. Even if the deceased died without an Ontario Will, you may be able to legally distribute their estate, provided you have a probate court’s permission.

Get legal authority to be an estate trustee (Ontario only).

Flat Fee Legal Services You Can Afford

Most importantly, Douglas Mills & Chapman charges for only the legal services you absolutely need. Our flat fee legal services for Wills and estates start at only $199.99 and up plus HST ($149.99 each and up plus HST for couples) to make a new Will.

Including power of attorney for personal care and property with a Will starts at just $249.99 and up plus HST for virtual Wills — that’s a Will and two powers of attorney for just one low fee. Or pay a little more — $299.99 plus HST and up — to meet with us in person.

Why you need a power of attorney.

Married, separated, divorced or new children on the way? Douglas Mills & Chapman prepares a new Will that protects your family’s legal and financial interests any time your circumstances change.

And if you’re the estate executor, your first probate consultation is free!

Are virtual notaries legal?

Appointment through calls

Make Appointments Online or By Phone

Start your new Will or probate consultation by booking virtual online video calls or make an in person appointment at any of our Douglas Mills & Chapman locations. You can make appointments in minutes with our online booking form or speak to our staff in person by calling our 647-479-0118 lawyer line (toll free to 877-402-4277).

Onsite parking and transit access make getting here easy. We have lawyers near you in Toronto, Greater Toronto Area or Ottawa. Our law offices are open 7 days a week, with convenient day or evening appointments. And if you prefer to stay in, we can go online with you anywhere in Ontario. Our virtual lawyer services are secure and confidential.

The post Can Executor Compensation be Denied? appeared first on Douglas Mills & Chapman.

]]>
https://www.axesslaw.com/can-executor-compensation-be-denied/feed/ 0
Mistakes Grandparents Make in Wills https://www.axesslaw.com/mistakes-grandparents-make-in-wills/ https://www.axesslaw.com/mistakes-grandparents-make-in-wills/#respond Wed, 13 Apr 2022 06:00:53 +0000 https://www.axesslaw.com/business-law/mistakes-grandparents-make-in-wills/ Are you making the same mistakes in Wills many Ontario grandparents do? Answer yes to any of these questions and you may want to rethink how you gift grandchildren in your last Will and testament. Giving away money you may need later. Gifting cash to minors. Creating joint accounts. Not setting limits. Playing favourites. Mistakes […]

The post Mistakes Grandparents Make in Wills appeared first on Douglas Mills & Chapman.

]]>
Are you making the same mistakes in Wills many Ontario grandparents do? Answer yes to any of these questions and you may want to rethink how you gift grandchildren in your last Will and testament.

  1. Giving away money you may need later.
  2. Gifting cash to minors.
  3. Creating joint accounts.
  4. Not setting limits.
  5. Playing favourites.

Mistakes in Wills can cause your grandchildren to lose out on the enjoyment bequests could give them and you.

How to write a Will in Ontario to prevent estate disputes.

A girl with money

Giving Away Money You May Need Later

Being generous has its drawbacks. Enthusiastic as you may be to share your riches, picture having to ask for inter vivos gifts (made during your lifetime) back.

Coming up short financially can be embarrassing, especially if your grandchildren have already planned to or spent their bequest. Strongly considering holding off on giving away anything of substantial value, especially investments or collectibles, until after you pass on.

Writing a Will in Ontario — how to prevent mistakes in Wills.

Gifting Minors

Grandchildren under 18 or who are mentally incapable cannot inherit directly. By naming a minor or adult with mental disabilities in your Will, you are leaving your assets in the control of parents, guardians or trustees. If you have underaged grandchildren, set up a trust fund to protect their finances until they reach adulthood.

Make a Henson trust for grandchildren with disabilities.

Creating Joint Accounts

Holding investments jointly with grandchildren may seem like a great idea. Unfortunately, minors won’t be able to reap the benefits until they turn 18. Keep joint investments in a survivorship account, so grandchildren can inherit without paying estate administration tax. You can appoint an executor in your Will to manage their finances until they are 18.

Finding the right executor for your Will.

Not Setting Limits

You can’t always tell your grandchildren what to do with your money. But you could make suggestions. Include comments about your hopes for their future in a memorandum of wishes.

Things like:

  • visiting Disneyland
  • investing their money
  • going to college
  • spending a gap year in Europe
  • or buying a home.

When a favourite grandchild has problems managing money, arrange for a trust fund instead. A trustee of your choice (lawyer or family friend?) can disburse your money as it’s needed.

You can draft a simple, handwritten and signed statement of wishes on your own. Or Douglas Mills & Chapman’s Will and power of attorney lawyers can refer you to trusted legal partners for advice on what to include. Take note: memorandums of wishes are not legally enforceable.

Spending time with grandfathers and their grand child

Playing Favourites

Is a beloved grandchild your personal favourite? Treating grandchildren equally can potentially avoid costly and time consuming estate disputes.

Why You Need a Lawyer

Douglas Mills & Chapman’s Wills and power of attorney Ontario lawyers ensure your basic Will meets legal standards in Ontario. Preparing a professional Will is quick and easy. Letting our Toronto or Ottawa legal professionals assist you can prevent mistakes in Wills that leave aggrieved beneficiaries behind.

Find a Wills lawyer near you.

Without a valid Will, your estate could be left for an Ontario probate court to distribute. More distressing, family members you would not have appointed (if you had the chance) may apply to be named your personal representative.

Who represents you in probate court.

A certificate of appointment of estate trustee without a Will is all it could take for an estranged spouse or adult child to get legal authority over your assets. A probate court judge can’t guess who you would like to be your Wills executor. Make sure your wishes are clear by leaving explicit directions in Wills you draft, with or without a lawyer’s assistance.

Why we suggest a professional, instead of a handwritten Will.

Douglas Mills & Chapman writes new Wills when your life changes — you get married, separated, divorced or have biological or step-children. We replace handwritten or holographic Wills that may not stand up in court with properly witnessed, signed documents that are legally valid in Ontario. No more mistakes in Wills for beneficiaries to argue in court.

How making new Wills, instead of codicils, works to your advantage.

Our licenced lawyers correct mistakes in Wills that could leave grandchildren without bequests you planned to give them. Instead of a probate judge determining who receives your wealth — based on formulas in Ontario’s Succession Law Reform Act — your last Will and testament is the final word.

You probably don’t mean for minors or financially dependant adult children to spend hours in probate court, or have to ask for aid from the Ontario Public Guardian and Trustee, to get needed financial support.

Mistakes in Wills can be costly. Give your estate trustee the direction they need to ensure your beneficiaries are cared for by having Douglas Mills & Chapman draft your Will. We write a basic Will that you can give to executors and beneficiaries to prevent misunderstandings after you are gone.

Give power of attorney to a trusted friend or family member.

Virtual or In Person Legal Appointments for Less

Living in Greater Toronto Area or Ottawa but don’t have time to go to a lawyer’s office? Douglas Mills & Chapman virtual lawyers meet with you by remote video conference to discuss what to include in your last Will and testament. You can be confident your information is secure when you use our virtual legal services.

Why we suggest mirror Wills for couples.

Douglas Mills & Chapman’s flat fee legal services are all-inclusive. You get no hidden extras or surprises and we explain your bill when you get it.

Virtual Wills that include power of attorney for personal care and financial property begin at $249.99 plus HST or $299.99 and up to meet in person.

Prepare a basic Will. It’s quick and cheap.

Basic Wills without power of attorney are $199.99 and up plus HST. Bring your spouse and we write both your Wills for $149.99 each plus HST. Add power of attorney at the same appointment for another $99.99 each plus HST.

Making appointment through calls

Easy Online Booking or Phone Us Toll Free

Find a Wills lawyer near you. Make your own appointment with our online booking form. Or for assistance booking a time that works for you, call 647-479-0118 or toll free to 877-402-4277.

We have lawyers for Wills at Douglas Mills & Chapman locations in Greater Toronto Area or Ottawa 7 days a week. Pick a day or evening appointment and take advantage of our onsite parking or easy transit access.

The post Mistakes Grandparents Make in Wills appeared first on Douglas Mills & Chapman.

]]>
https://www.axesslaw.com/mistakes-grandparents-make-in-wills/feed/ 0
Will Your Cottage to Family https://www.axesslaw.com/will-your-cottage-to-family/ https://www.axesslaw.com/will-your-cottage-to-family/#respond Wed, 13 Apr 2022 05:50:03 +0000 https://www.axesslaw.com/business-law/will-your-cottage-to-family/ The family cottage and the memories it evokes. Be sure you Will your cottage to family who will cherish it as much as you do. Who will your cottage go to when you die? Leaving a matrimonial home in Ontario to a spouse. That’s purely a matter between you and your estate trustee. Unless you […]

The post Will Your Cottage to Family appeared first on Douglas Mills & Chapman.

]]>
The family cottage and the memories it evokes. Be sure you Will your cottage to family who will cherish it as much as you do.

Who will your cottage go to when you die? Leaving a matrimonial home in Ontario to a spouse.

That’s purely a matter between you and your estate trustee. Unless you plan ahead to make an inter vivos gift or arrange right of survivorship, only your executor needs to know what decisions you make about who you Will your cottage to.

Douglas Mills & Chapman writes basic Wills that include the family cottage. We draft a last Will and testament to ensure your estate is preserved after you pass on.

A house near the lake

Who Owns the Matrimonial Home (Ontario)

Matrimonial homes like cottages can spark bitter estate disputes. Your cottage is more than a possession. It’s a lifetime of associations — family time by the lake, Christmases at the ski hill.

7 myths about who owns the matrimonial home.

When you die, matrimonial homes usually pass by right of survivorship to joint tenants on title to the property. That removes your name from title, allowing your spouse or any other surviving owners to make decisions like:

  • who lives in the matrimonial home after your death
  • if cottages should be rented when vacant
  • who shares in the proceeds if the family cottage is sold
  • and who surviving owners will your cottage to in future.

Why hire a lawyer to draft personal Wills.

Make a Plan to Will Your Cottage to Beneficiaries

A few simple steps when you plan your Ontario estate, or decide on selling real property you own, can protect your spouse, partner or adult children when you die.

Writing a Will in Ontario.

Matrimonial Home After Separation

How you will your cottage depends on your situation. Without a signed agreement or Ontario court order, you could lose exclusive possession of matrimonial homes like a family cottage when you separate or divorce. You still need your spouse’s consent to sell or refinance the mortgage — and you remain liable for debts like mortgages and property taxes.

Matrimonial home rights in Ontario for separating couples.

Asking a real estate lawyer

Why You Need a Lawyer

Douglas Mills & Chapman lawyers for Wills draft personal Wills that ensure your estate wishes are clear. We include executors, personal representatives or estate trustees you appoint to allow your estate to be distributed without questions about who has legal authority to act on your behalf.

Types of Wills in Ontario. What kind do you need?

Two more reasons you need a Wills lawyer:

  1. Preventing estate disputes that can arise if you die without a last Will and testament. Dying intestate without a Will leaves your estate vulnerable to court challenges by family or others who may apply for a certificate of estate trustee without a Will.
  2. You could lose the ability to determine how your estate is distributed if handwritten or holographic Wills are unclear. An Ontario probate court can declare your Will legally invalid if it fails to meet standards for Wills in Ontario.

Who inherits when there is no Will in Ontario.

Avoid Probate When You Make an Ontario Will

Decisions you make when you plan your estate affect how much your estate trustee pays Ontario’s Ministry of Finance while administering your estate. Life insurance, investments and other assets can be disbursed without paying estate administration fees by naming direct beneficiaries.

Probating a final estate is easier for your executor when you make a memorandum of wishes for personal property and real estate. While not legally enforceable, giving your wishes to your estate trustee along with your last Will and testament can prevent misunderstandings or hard feelings.

When you will your cottage to family in a valid way, you avoid protracted estate battles that can cause your executor to be frustrated in their efforts to disburse your estate the way you planned. We designate your choices for personal representative, estate trustee or executor and their alternates or substitutes to prevent confusion.

You receive a final copy to distribute as you wish to executors, next of kin or friends.

Find a probate lawyer in Ontario.

Low Cost Flat Fee Legal Services

Douglas Mills & Chapman’s flat fee legal services save you money by giving you only services you require. Your final bill is all-inclusive, with no hidden extras or surprises. Using Douglas Mills & Chapman is the convenient way to make new Wills every time your financial or personal situation changes.

With new Wills starting at $199.99 and up plus HST, making confusing handwritten changes or codicils to a professional Will is unnecessary. We draft basic Wills in a matter of days.

Bring your spouse for reduced rates from just $149.99 each and up plus HST. Make individual or mirror Wills. We explain the difference when you arrive at your
appointment.

Need power of attorney for personal care and property (financial assets)? Remote, online video calls for both power of attorney and a Will are $249.99 each and up plus HST. Or for $299.99 each plus HST, we can meet with you in person and give you a complete Wills and power of attorney package.

Beat the cost of Wills services in Ontario.

Booking online appointment

Book Online or Phone Toll Free for Appointments

Appointments are quick and easy to make. Douglas Mills & Chapman locations are open 7 days a week. Use our online booking form or dial our 647-479-0118 lawyer line (toll free to 877-402-4277) for day or evening appointments. We have onsite parking and major transit access nearby.

Meet in person at Douglas Mills & Chapman locations in Greater Toronto Area or Ottawa or arrange virtual Wills services from the comfort of home or office. Our remote video conference services are secure and confidential. Virtual Wills are the simple solution to putting off making a Will at all.

Using Douglas Mills & Chapman virtual Wills services.

The post Will Your Cottage to Family appeared first on Douglas Mills & Chapman.

]]>
https://www.axesslaw.com/will-your-cottage-to-family/feed/ 0
Fraud and Executor Obligations https://www.axesslaw.com/fraud-and-executor-obligations/ https://www.axesslaw.com/fraud-and-executor-obligations/#respond Wed, 01 Dec 2021 02:01:26 +0000 https://www.axesslaw.com/business-law/fraud-and-executor-obligations/ Don’t let your estate fall prey to fraud or misrepresentation after you pass on. Appoint your executor of Will with care, because if you don’t, both your beneficiaries and your personal representative could suffer. Executors who are negligent, fraudulent or incapable of managing a final estate can cause significant administrative problems. What happened to Olympic […]

The post Fraud and Executor Obligations appeared first on Douglas Mills & Chapman.

]]>
Don’t let your estate fall prey to fraud or misrepresentation after you pass on. Appoint your executor of Will with care, because if you don’t, both your beneficiaries and your personal representative could suffer.

Executors who are negligent, fraudulent or incapable of managing a final estate can cause significant administrative problems.

What happened to Olympic skater Toller Cranston’s estate.

Looking for fraud

Whose Liability?

In fact, your estate trustee could be held not only personally financially liable, but could be found guilty of a criminal offence. Executors go wrong when they:

  • fail to follow your Will’s directions
  • give the wrong amounts to wrong parties
  • pay improper funeral or creditor charges
  • neglect a beneficiary
  • misuse your money or invest it poorly
  • show preference to a beneficiary or creditor
  • have a conflict of interest
  • hold up bequests
  • fail to protect property, like not renewing your home insurance
  • not sell assets or sell them for too little
  • start or continue litigation not in your estate’s interest
  • not bring legal claims in time
  • have others perform their duties
  • neglect to keep accurate records.

Answers to your questions about what is probate law.

Who to Appoint as Executor of Will

Appointing an executor of Will is no easy task. You’ll want someone who:

  • is trustworthy
  • has financial skills
  • will be careful with your money
  • and communicates

And if you don’t get it right the first time, Douglas Mills & Chapman can draft a Will that names a new estate trustee.

Preventing fraud

Prevent Estate Fraud When You’re a Beneficiary

Exasperating as it may be, you may have to take an executor your loved one appointed to Ontario probate court to find out what they are doing to manage the estate. It’s called passing the accounts.

Estate trustees generally have what is known as an executor’s year to disburse an estate’s assets to beneficiaries. Time-consuming legal actions or difficulty locating all the assets can delay that even longer.

When an estate drags on for a year or more, you can file an application in Ontario probate court to have the estate trustee file a financial record of the actions they have taken. That gives you an opportunity to question how assets are being invested or what can be done to move the estate along.

How to probate an estate.

Remedies for Probate Problems

Passing the accounts gives a probate court judge the opportunity to examine how the estate is being managed.

When fraud or misrepresentation has occurred, they can hear applications from your lawyer for remedies, such as returning money or personal property to rightful beneficiaries, or appoint another party to be executor.
A probate judge can:
reduce executors’ compensation
order damages for misconduct, neglect or default
require executors to personally compensate beneficiaries
or pay their own legal costs, instead of charging the estate.

If the estate trustee is delaying distribution of assets, a judge can require them to make regular progress reports to the court.

Voluntary passing of accounts when you’re an executor.

Asking professionals for advice

Why You Need a Lawyer

Naming an executor in your Will and discussing your expectations with trusted family or friends can help dispense with misunderstandings about your estate trustee’s role.

When you appoint a personal representative to act on your behalf, you give them responsibility to:

  • make funeral and burial arrangements
  • find and value assets
  • pay creditors and invest your money
  • communicate with beneficiaries
  • pay estate administration taxes
  • file your final income taxes
  • and more.

They have legal and financial obligations to manage your estate to the best of their ability. Your executor is well advised to buy liability insurance in case mistakes or decisions they make result in a beneficiary or creditor suing.

Could you be an estate executor?

Making or updating your personal Will can prevent other parties from having misplaced expectations about who will administer your estate and what your final wishes are.

Fraud or misrepresentation can happen to any estate. Make sure yours is as fraud-proof as possible by writing down in a legally valid Will what you want your personal representative to do or not do on your behalf.

Douglas Mills & Chapman’s licensed lawyers for Wills can:

  • prepare a professional Last Will and Testament
  • include your choices for executor, personal representative or estate trustee
  • and add new family members like spouses or biological or adopted children to prevent confusion about who you want to benefit from your estate.

When there is no Will, we apply for a certificate of appointment of estate trustee without a Will to allow you to probate an estate.

Your First Consultation is Free

With or without a Will, your first probate consultation is free. Our quotes for probate services are all-inclusive. Your final bill includes no hidden fees or surprises.

What is a probate lawyer?

Our probate lawyers help you apply for a certificate of appointment of estate trustee in Ontario courts. We explain estate administration taxes and what’s required for estate information returns. Out of town or out of country executor? We apply to the court to dispense with administration bonds, worth twice an estate’s value, you may be requested to post.

How to become executor of estate in Ontario.

Virtual or In Person Legal Services

Access lawyers via our remote video conferencing services anywhere in Ontario. Virtual lawyers for Wills are available when you are.

Sign legal documents with ease.

We draft Wills or review probate procedures from your home or office using secure, online video conferencing software. Making new Wills is quick and convenient. You can drop into Douglas Mills & Chapman locations near you any time to sign.

In person appointments are available at Douglas Mills & Chapman offices in Greater Toronto Area or Ottawa 7 days a week. We have day or evening appointments at times convenient for you.

Book Online or Phone Appointments for Wills or Probate

Use our easy online booking form to make an appointment to remote in with an Douglas Mills & Chapman lawyer or phone our 1-647-479-0118 lawyer line (toll free to 1-788-000). In person appointments can be arranged at any of our Greater Toronto area or Ottawa law offices.

Try our onsite parking or easy transit access.

The post Fraud and Executor Obligations appeared first on Douglas Mills & Chapman.

]]>
https://www.axesslaw.com/fraud-and-executor-obligations/feed/ 0
Cash Gifts and Wills https://www.axesslaw.com/cash-gifts-and-wills/ https://www.axesslaw.com/cash-gifts-and-wills/#respond Fri, 19 Nov 2021 01:17:47 +0000 https://www.axesslaw.com/business-law/cash-gifts-and-wills/ Giving small gifts in Wills can drive up an estate’s probate costs. Before you bequeath $500 here and there, consider making cash gifts during life. Your inter vivos (among the living) gift can make a real difference — and reduce your estate administration taxes due after death. Probating an estate can be a lengthy and […]

The post Cash Gifts and Wills appeared first on Douglas Mills & Chapman.

]]>
Giving small gifts in Wills can drive up an estate’s probate costs. Before you bequeath $500 here and there, consider making cash gifts during life. Your inter vivos (among the living) gift can make a real difference — and reduce your estate administration taxes due after death.

Probating an estate can be a lengthy and cumbersome task for executors. Instead of burdening cash-strapped beneficiaries with waiting for your estate to be distributed, you could make a gift right now. Your estate trustee will thank you, and so may loved ones who will know you are thinking of them. 

Douglas Mills & Chapman’s Wills (Ontario) lawyers make writing new Wills affordable when you plan to give gifts of cash, before or after you pass on.

 

What is a Cash Gift?

Cash gifts made during life or bequests in your Will are voluntary transfers to your kin or others. Unlike cash you request back, such as if you think you are dying but recover (called donatio mortis causa gifts), they are permanent. Whether you gift cash while you’re alive or in your Will, it must be freely given, with no strings or contracts attached.

 

What Are Specific Gifts?

You leave “specific gifts” in Wills when you have a specific beneficiary in mind. For instance, you could bequeath cash to a niece, charity, registered nonprofit or college you attended. Cars, jewellery, a business or proceeds of bank accounts can all be left as specific, testamentary gifts in Wills

Estate tip: Link cash gifts in Wills to the consumer price index (CPI) to ensure they retain their value. They go up when inflation, or the cost of goods and services, does. 

 

Limits on Cash Gifts

Pensions, RRSPs, life insurance policies and trust funds are excluded from cash gifts. So is jointly owned property subject to a right of survivorship application, such as joint bank accounts with legally married spouses. Matrimonial homes are usually spousal property, even if your spouse is not on the title to a property but you are legally married.   

Exceptions to the rule – When Your Matrimonial Home is a Gift. 

 

Giving Gifts Inter Vivos

You can enjoy bestowing assets on beneficiaries when you give inter vivos (during life) gifts. You can gift family, friends or charity any amount of cash you want, but gifts must be:

  • intentional, because you planned to make it
  • irrevocable, with no return expected
  • delivered during your lifetime
  • and accepted by the recipient.

For example, a cheque must be delivered, accepted and and clear your bank account. If any part falls through, the cash becomes part of your estate, to be shared by all your beneficiaries.

See Gifting Assets During Life

 

Income Tax on Gifts

Gifting money reduces your income in future years, although you pay tax in the year you give a gift unless it goes to a registered charity. (Canada has no gift tax, so your beneficiaries are not taxed.) You or your estate pay income tax on your total income, including cash bequests.

Keep receipts for inter vivos gifts or gifts in Wills to charity with estate documents, so your executor can deduct them from your final income tax return. Your executor will file the return after your death. 

 

Ask a Probate Lawyer

If you’ve been named executor and aren’t sure how to value cash gifts, ask an Douglas Mills & Chapman probate lawyer. We explain how to bypass probate in Ontario when assets have  specific, named beneficiaries and when estate administration tax is due.

 

Why You Need a Lawyer

Hiring an Douglas Mills & Chapman lawyer for Wills ensures your final bequests satisfy legal standards in Ontario. Your handwritten last Will and testament may be overturned if it is found invalid by an Ontario probate court. 

Do you need a lawyer to draft your Will? It can’t hurt.

Douglas Mills & Chapman witnesses and signs your Will in front of you and advises you on storing it securely. You can make multiple Wills in Ontario and gift any beneficiary of your choice, as long as you ensure financially dependant kin are cared for. Our Wills and estates lawyers review your Will to prevent unclear language that could cause problems for your estate.

Marriage, separation or divorce can complicate your estate affairs. Douglas Mills & Chapman’s Ontario lawyers write new Wills, instead of making amendments or codicils that may confuse estate trustees after you are gone.

 

Affordable Flat Fee Legal Services

We make getting legal services easy. 

Douglas Mills & Chapman ‘s low flat fee legal services are affordable for any budget. We meet with you by secure, remote video conferencing anywhere in Ontario. You can drop into Ottawa or Greater Toronto Area Douglas Mills & Chapman offices to meet in person by making appointments online or by phone.

You pay $199.99 and up plus HST for basic Wills or $149.99 plus HST each for spouses or partners who make mirror or individual Wills at the same time. Add power of attorney for property (finances) and personal care at the same time. Our fees start at $249.99 plus HST total for individual virtual wills and two power of attorney appointments ($299.99 plus HST in person).

Make a POA for property (finances).

Make a POA for personal care.

 

Book Appointments Online or By Phone 

Call Douglas Mills & Chapman’s Wills and estate lawyers (Toronto, Greater Toronto Area or Ottawa) to make a new or second Will or when personal or financial changes affect your estate. Making online appointments is fast and easy.

Book virtual video calls anywhere in Ontario or make in person appointments at any of our Douglas Mills & Chapman locations. Call our 1-647-479-0118 lawyer line to find a Wills lawyer near you. Toll free calls accepted at 877-402-4277.  

We have onsite parking and transit access nearby.

The post Cash Gifts and Wills appeared first on Douglas Mills & Chapman.

]]>
https://www.axesslaw.com/cash-gifts-and-wills/feed/ 0